LEGAL LIMIT OF MUNICIPAL GUARD DUTIES ON THE CONSTITUTIONAL PERSPECTIVE

Abstract

The Municipal Guard only gained constitutional provision in 1988, in article 144 §8° of CF / 88, which mentions that it is the faculty of the municipality to institute them, being intended for the protection of municipal goods, services and facilities. Since then, countless Guards have been created, but the lack of specific legislation has created such heterogeneity between institutions. In view of its growing evolution and notorious social function in public security, innumerable divergences began to emerge regarding the limit of action. In order to remedy such doubts and seek a standardization of the institution, Law 13,222 was promulgated in 2014. However, it was the target of criticism, including Direct Unconstitutionality Action. Given the above, the importance of deepening in this discussion emerges, aiming to identify the constitutionality in the specification of the attributions of the Municipal Guard disposed in the referred law. For that, the bibliographic review was used as methodology, including the different doctrinal understandings and jurisprudence on the subject.